Question

Second appeal under section 100 is applicable:

• A. Substantial question of law as formulated by the High Court.
• B. Substantial question of law as not formulated by the High Court.
• C. An appellate decree passed Ex Parte.
• D. All of the above

Hint:

A second appeal is exclusively about a "substantial question of law," not about re-examining facts. The High Court has the power to frame these questions and even hear questions it did not frame initially.

Answer 1

The Correct Option is D

A second appeal to the High Court under Section 100 of the CPC has a very limited scope. It can only be entertained if it involves a "substantial question of law." \[\begin{array}{rl} \bullet & \text{(A) This is the primary requirement; the High Court must formulate the substantial question of law.} \\ \bullet & \text{(B) The proviso to Section 100(5) gives the High Court the power to hear the appeal on any other substantial question of law not formulated by it, if it deems necessary.} \\ \bullet & \text{(C) The nature of the first appellate decree (whether contested or ex parte) does not bar a second appeal, as long as the decree involves a substantial question of law.} \\ \end{array}\] Since all the above situations are covered under Section 100 and its procedure, "All of the above" is the correct answer.